LD 2245
pg. 198
Page 197 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 199 of 493
Download Bill Text
LR 1087
Item 1

 
acquires rights in the new machine, both A and B acquire security
interests in the machine simultaneously. Both security interests
are perfected simultaneously. However, A has priority because A
filed before B.

 
When after-acquired collateral is encumbered by more than one
security interest, one of the security interests often is a
purchase-money security interest that is entitled to special
priority under Section 9-324 [Maine cite section 9-1324].

 
6. Priority in Proceeds: General Rule. Subsection (b)(1)
[Maine cite subsection (2), paragraph (a)] follows former Section
9-312(6). It provides that the baseline rules of subsection (a)
[Maine cite subsection (1)] apply generally to priority conflicts
in proceeds except where otherwise provided (e.g., as in
subsections (c) through (e) [Maine cite subsections (3) to (5)]).
Under Section 9-203 [Maine cite section 9-1203], attachment
cannot occur (and therefore, under Section 9-308 [Maine cite
section 9-1308], perfection cannot occur) as to particular
collateral until the collateral itself comes into existence and
the debtor has rights in it. Thus, a security interest in
proceeds of original collateral does not attach and is not
perfected until the proceeds come into existence and the debtor
acquires rights in them.

 
Example 5: On April 1, Debtor authenticates a security
agreement granting to A a security interest in all Debtor's
existing and after-acquired inventory. The same day, A files a
financing statement covering inventory. On May 1, Debtor
authenticates a security agreement granting B a security interest
in all Debtor's existing and future accounts. On June 1, Debtor
sells inventory to a customer on 30-day unsecured credit. When
Debtor acquires the account, B's security interest attaches to it
and is perfected by B's financing statement. At the very same
time, A's security interest attaches to the account as proceeds
of the inventory and is automatically perfected. See Section 9-
315 [Maine cite section 9-1315]. Under subsection (b) [Maine
cite subsection (2)] of this section, for purposes of determining
A's priority in the account, the time of filing as to the
original collateral (April 1, as to inventory) is also the time
of filing as to proceeds (account). Accordingly, A's security
interest in the account has priority over B's. Of course, had B
filed its financing statement on before A filed (e.g., on March
1), then B would have priority in the accounts.

 
Section 9-324 [Maine cite section 9-1324] governs the extent
to which a special purchase-money priority in goods or software
carries over into the proceeds of the original collateral.


Page 197 of 493 Top of Page Page 199 of 493